IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(CRL.) NO. 381 OF 2022
PETITIONER :-
J.RAMANATHAN,
AGED 24 YEARS
S/O M. JAGANATHAN, HOUSE NO.16,
VISWANATHA LAYOUT, LAKSHMIPURAM, PEELAMEDU, COIMBATORE,
PIN-641004, NOW RESIDING AT MALAYAM PALAYAM,
PUNJAIKALAMBADI, ERODE, TAMILNADU, PIN-638154.
BY ADVS.
T.U.SUJITH KUMAR
P.S.SYAMKUTTAN
RESPONDENTS :-
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-
695001.
2 THE COMMISSIONER OF EXCISE,
EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O, NANDAVANAM,
THIRUVANANTHAPURAM, PIN-695033.
3 THE NDPS DRUGS & CONVEYANCES DISPOSAL COMMITTEE,
THRISSUR, REPRESENTED BY ITS CHAIRMAN, DEPUTY
COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, CIVIL
STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN-680601.
4 THE EXCISE INSPECTOR,
CHALAKKUDY EXCISE RANGE, CHALAKKUDY, THRISSUR DISTRICT,
PIN-680307.
BY SRI.V.S.SREEJITH, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 381 OF 2022
2
JUDGMENT
This petition is filed under Article 226 of the Constitution of India seeking for the following reliefs :-
i) To issue a writ of certiorari or any other appropriate writ order or direction quashing Exhibit-P4 order issued by the 3rd respondent;
ii) To issue a writ of certiorari or any other appropriate writ order or direction quashing Exhibit-P5 Circular issued by the 2nd respondent;
iii) To issue a writ of mandamus or any other appropriate writ order or direction to the 3rd respondent to finally dispose of the vehicle Mahindra Xylo 2017 model Car bearing registration No.TN-37-CS-3142 by releasing the same to the petitioner.
iv) To issue a writ of mandamus or any other appropriate writ order or direction commanding the 2 nd respondent to grant the interim custody of Mahindra Xylo 2017 model Car bearing registration No.TN-37-CS-3142 to the petitioner on his producing any other security which this Hon'ble Court may deem fit to direct.
v) To issue a writ of mandamus or any other appropriate writ order or direction to the 4 th respondent to forthwith produce the Mahindra Xylo 2017 model Car bearing registration No.TN-37-CS-3142 before the 3 rd respondent;
vi) Any other reliefs which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case in the interest of justice.
WP(CRL.) NO. 381 OF 2022 3
2. Petitioner is the registered owner cum driver of a vehicle bearing registration No.TN-37-CS-3142 which has been seized by the 3rd respondent in NDPS Crime No.7/2022 of Excise Range Office, Chalakkudy on the allegation that the accused was found travelling in the vehicle carrying ganja. Crime was registered against the accused for offences punishable under Sections 20(b)
(ii)(C) & 29, 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. The grievance of the petitioner is that he was only owner cum driver of the vehicle and his vehicle was hired by the accused for the purpose of travelling. While travelling in the vehicle it was intercepted by the Excise Officials. In a search of the vehicle, the contraband was found kept inside. It was seized and the crime in question was registered.
4. According to the petitioner, he being not an accused, is entitled to get the vehicle released in interim custody. But, the position of law is settled in Shajahan v. Inspector of Excise [2019 (4) KLT 507] by a Division Bench of this Court and as per the dictum a court cannot exercise jurisdiction under Section 451 of WP(CRL.) NO. 381 OF 2022 4 Code of Criminal Procedure, 1973 for grant of vehicle in interim custody.
Writ Petition (Crl.) fails and is dismissed.
Sd/-
MARY JOSEPH JUDGE SMA WP(CRL.) NO. 381 OF 2022 5 APPENDIX OF WP(CRL.) 381/2022 PETITIONER EXHIBITS :-
Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE CAR BEARING REGISTRATION NO. TN-37-CS-3142.
Exhibit P2 A TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT DATED 10.03.2022 IN NDPS
C.R.NO.7/2022 OF THE EXCISE RANGE
OFFICE, CHALAKKUDY.
Exhibit P3 A TRUE COPY OF THE PETITION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE ORDER DATED
11.04.2022 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE CIRCULAR
NO.EXC8/2020/EXCISE, DATED 18.03.2020 ISSUED BY THE 2ND RESPONDENT.